EFFECT OF THE ATTENDANCE OF

AGGRAVATING OR MITIGATING
CIRCUMSTANCES
OR
OF
HABITUAL DELIQUENCY
AGGRAVATING, have the
effect of INCREASING the
penalty
without
EXCEEDING the maximum
period provided by law.
Mitigating have the effect
of diminishing the penalty.
Habitual delinquency
-Increasing penalty
because
of
recidivism
-imposing
an
additional penalty.
1. RULES:
Par.1 AGGRAVATING
1. constitute a crime
ESPECIALLY
PUNISHABLE BY LAW
Ex:
Crime
committed by MEANS
OF
FIRE
is
not
aggravating in crimes
involving
Arson
(Art.14 par. 12)
2. INCLUDED BY A LAW
IN DEFINING A CRIME
-Ex:
Abuse
of
confident
is
not
aggravating
in
qualified
theft
committed with grave
abuse of confidence
-Ex: Crime committed
in the dwelling of the
offended party is not
aggravating
in
robbery with force
upon things.
When maximum penalty shall be
imposed:

1. When an advantage was

taken by the offender in
his public position
2. If
the
offenses
is
committed by any person
who
belongs
to
a
syndicate/organized
groups:
SYNDICATE
OR
ORGANIZED GROUPa group of two or
more
persons
COLLABORATING,
CONFEDERATING or
MUTUALLY
helping
one another for the
purpose of gain in
the commission of a
crime.
Par.
2Aggravating
circumstance which are inherent
to the crime (same rues)
Ex-Evident
premeditation
is
inherent in robbery
-abduction is inherent in rape
Par 31.

Aggravating
or
mitigating circumstance
which arise from
MORAL ATTRIBUTES of the
OFFENDER
EX- A and B killed C. A
with
evident
premeditation;
B
with
passion or obfuscation.
RESULT:
Evident
premeditation
of
A=
aggravates his liability
Passion or obfuscation of
B= mitigates his liability.
HIS PRIVATE RELATIONS
TO THE OFFENDED PARTY
Ex- A and C inflicted slight
physical injuries to B.

A is the son of B; B is the

father of C.
A=Alternative
circumstance of relative in
relation to B, aggravates
his liability, because he is
a degree younger from B.
C= mitigating liability of
relationship since C is of
the higher degree of
relation to B.
PERSONAL CAUSES
Ex- A and B committed a
crime .A is insane while B
is a recidivist.
A= exempted from liability
B=aggravated
-serves to aggravate or mitigate
the liability of the principals,
accomplices and accessories to
whom such circumstances are
attendant.
Paragraph 4:
1. Material execution of the
act
ExA
principal
by
induction, ordered B and C
whom agreed to kill D.
B
and
C
committed
treachery(aggravating
circumstance) in killing D.
The material execution of
the act which is treachery
was not agreed with A. A
is not present in killing D.
RESULT: Only B and C has
the
aggravating
circumstance of Treachery.
RATIONALE: It was left to
the principals by direct
participation the modes
and means to accomplish
the crime.
2. Means
employed
to
accomplish it.

Ex- A ordered B to kill C. B

killed C with poison. Only
B
should
have
the
aggravating circumstance
of killing with poision.
No
Mitigating
circumstance in this par.

Paragraph 5Habitual Delinquent:

-a
person
is
a
habitual
delinquent if within a period of
10 years from the date of his
LAST release or LAST conviction
of crimes of:
1. Less serious physical injury
2. robo
3.hurto
4. estafa
5. falsification
he is found to be guilty of any of
said crimes a third time or
oftener.
COMPUTATION: (STUDY PA)
Last conviction or last release.
-The culprit shall be sentenced
to the penalty provided by law
for the last cirm of which he be
found guilty.
-ADDITIONAL
PENALTY
For
HABITUAL DELINQUENT:
1. Upon third conviction the
culprit shall be sentenced to the
penalty for the last crime with
an additional penalty of prison
correccional in its medium and
max period.
2. Upon 4th conviction the culprit
shall be sentenced to an
additional penalty of prison
mayor in its min and med
period.

3. upon 5th or additional

conviction, the culprit shall be
sentence
to
an
additional
penalty of prison mayor in its
min period to reclusion temporal
to its min perion.
-Total of 2 penalties shall not
exceed 30 yrs.
1. penalty for last crime
committed
2. Additional penalty.
RATIONALE FOR RULE: greater
social defense.
*SUBSEQUENT CRIME MUST BE
COMMITTED
AFTER
CONVICTION.
*In the information, the date of
the commission of the previous
crime and the date of last
conviction or release
-if not alleged or not proven, the
accused may only be a recidivist
and not a habitual delinquent.
But may be cured if the accused
did not object to the decision.
HABITUAL
DELINQUENT
V
RECIDIVISM
1. HD: Crimes are specified.
R: sufficient that on the date
of his trial accused shall have
been previously been convicted
by final judgment from another
crime.
2.
R: no period of time
HD: 10 yrs
3.
R: 2nd conviction for an
offense embraced in the
same Title is sufficient
HD: found guilty the
third time or oftener.
4.
R: not offset by a
mitigating circumstance;
additional penalty
HD: additional penalty
RULES:

1. 10 yr period computed
from either last conviction
or last release in relation
to date of conviction.
2. ACCUSED
MUST
BE
CONVICTED
of
Crimes
defining
habitual
delinquent
3. Conviction of the same
day or the same time are
considered as one only.
4. Crimes committed on the
same
day
although
convicted
on
different
time is same.
5. Previous convictions are
considered every time a
new offense is committed
6. Consummation of crime is
to no effect. Whether
attempted or frustrated
7. Applies to accomplices or
accessories.
8. If done during the minority
of
an
offender,
not
considered
9. MANDATORY
and
not
discretionary
10.
Modifying
circumstance applicable to
additional penalty
11.
Not a crime but
merely
an
additional
circumstance or fact.
12.
Real penalty that
determines jurisdiction
13.
Habitual delinquent
is necessarily a recidivist
14.
Recidivism
is
inherent or qualifying in
habitual delinquency.
*A convict can be a habitual
delinquent
without
being
recidivist if the same convict
committed
a
crime
not
embraced
in
the
same

title( against property, person

etc) of this code.
*Additional
penalty
is
constitutional- punishment for
future crimes being enhance on

the
account
of
criminal
propensities of accused.